Alert

Under
the government of Israel’s illegal occupation, Palestinian families are
severely deprived of a vital food source because of Israel’s illegal
restrictions placed on access by fishermen to the Palestinian
territorial waters off the coast of the Gaza Strip.

In
the years since 1994, the area in which Israel allows Palestinian
fishermen to fish has been gradually reduced from the 20 nautical miles
provided for under the Oslo Accords to 3 nautical miles in 2009 as part
of a naval blockade imposed through the use of live fire, harassment,
and unlawful arrests and arbitrary detention. The severely limited
fishing area, combined with a near total ban on exports, has brought
Gaza’s fishing industry to the brink of collapse, bringing the number of
working fishermen from approximately 10,000 in 1999 to less than 3,200
today.

Please press the TAKE ACTIONBOXto send letter of protest toH.E.
OLIVIER DE SCHUTTER, UN Special Rapporteur on the right to food, H.E.
RIYAD H MANSOUR, Ambassador, Permanent Observer Mission of Palestine
and H.E. RON PROSOR, Ambassador and Permanent Representative of Israel
to the United Nations and PCHR.

Appeal

H.E. OLIVIER DE SCHUTTER,

UN Special Rapporteur on the right to food

Your Excellency

Under
the government of Israel’s illegal occupation, Palestinian families are
severely deprived of a vital food source because of Israel’s illegal
restrictions placed on access by fishermen to the Palestinian
territorial waters off the coast of the Gaza Strip.

The
responsibilities of your office are to ensure that member states
fulfil their legal obligations as set out in article 2 of the
International Covenant on Economic, Social and Cultural Rights
(ICESCR).

The
Committee on Economic, Social and Cultural Rights in General Comment
No. 12 also defined the obligations that States parties have to fulfil
in order to implement the right to adequate food at the national level.
These are as follows:

The obligation to respect existing access to adequate food requires States parties not to take any measures that result in preventing such access;

The obligation to protect requires
measures by the State to ensure that enterprises or individuals do not
deprive individuals of their access to adequate food;

The obligation to fulfill (facilitate) means
the State must pro-actively engage in activities intended to strengthen
people's access to and utilization of resources and means to ensure
their livelihood, including food security;

Whenever
an individual or group is unable, for reasons beyond their control, to
enjoy the right to adequate food by the means at their disposal, States
have the obligation to fulfill (provide) that right directly. This obligation also applies for persons who are victims of natural or other disasters.

The
United Nations has been aware that since Israel’s illegal blockade of
Gaza that the people of Gaza’s right to food i.e. the right to have
regular, permanent and unrestricted access has been violated by Israel
and in the 7 years the United Nations has failed the people of Gaza
particularly in the near collapse of the essential fishing industry.

In
the years since 1994, the area in which Israel allows Palestinian
fishermen to fish has been gradually reduced from the 20 nautical miles
provided for under the Oslo Accords to 3 nautical miles in 2009 as part
of a naval blockade imposed through the use of live fire, harassment,
and unlawful arrests and arbitrary detention. The severely limited
fishing area, combined with a near total ban on exports, has brought
Gaza’s fishing industry to the brink of collapse, bringing the number of
working fishermen from approximately 10,000 in 1999 to less than 3,200
today.

Under
the November 2012 ceasefire between the Israeli and Palestinian
authorities, the fishing limit was supposedly extended to six nautical
miles. Fishermen began to sail further out to sea, resulting in somewhat
greater yields of fish. However, attacks against fishermen continued,
even within the previous three mile limit.

Since 2003, the following Palestinian fishermen have been killed by Israel:

Between
22 November 2012 and 28 February 2013, Israel has violated the terms of
the Egyptian-brokered truce, post Operation Pillar of Cloud, over 108
times, including, 41 shooting incidents, resulting in 4 injuries. In
addition, 42 fishermen have been detained in 11 arrest incidents.
Furthermore, 8 boats have been damaged, and 8 boats have been
confiscated.

Israel’s
attacks against Palestinian fishermen in the Gaza Strip, who do not
pose any threat to the security of the Israeli naval forces, constitute a
flagrant violation of international humanitarian and human rights law.
The fishing exclusion zone, maintained through arbitrary arrests and
attacks, constitutes a measure of collective punishment, which is
prohibited under Article 33 of the Fourth Geneva Convention.The right to
work, including in just and favourable conditions, is provided for
under Article 23 of the Universal Declaration of Human Rights, as well
as under Article 6 and 7 of the International Covenant on Economic,
Social and Cultural Rights (ICESCR). Moreover, Article 11 of the ICESCR
recognises "the right of everyone to an adequate standard of living for
himself and his family, including adequate food, clothing and housing,
and to the continuous improvement of living conditions."

I
urge the United Nations to demand of Israel that the blockade of Gaza
is immediately lifted and that Palestinian fishermen enjoy access to
Palestinian territorial waters in line with international law.